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A11651 Acts made in the first Parliament of our most high and dread soveraign Charles, by the grace of God King of Great Britane, France, and Ireland, defender of the faith, &c. Holden by himself, present in person, with his three estates, at Edinburgh, upon the 28 day of June, 1633.; Laws, etc. Scotland.; Hay, John, Sir, 1578-1654. 1650 (1650) STC 21902.5; Wing S1168A; ESTC S122278 68,062 76

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of Orkney Anent the Vassalls of ward lands 12 Commission to the Councell anent the Ministers stipends of Edinburgh Anent the rebells within the Sheriffdomes of Elgine Forres Nairne and Innernesse Anent the erection of Stranraver in a free burgh and the burgh Wigtouns petition in the contrary Anent directing of letters against the inhabitants of the west and north Yles Anent the articles given in by the inhabitants of Orkney and Zetland Anent the prices of these writes that paste the Chancellarie Anent erecting of a Colledge of Physitians in Edinburgh 13 Commission to the Commissioners of surrenders anent the Kirks of Nisbet and Crailing 14 Act anent the dissolution of the Abbacies of Holy-rude-house and New-abbey 15 Act of rehabilitation of Frances Stewart with provision therein in favour of the Marques of Hamiltoun and sir Thomas Thomson 16 Protestation Bishop of Dunblane 17 Protestation sir Patrick Murray of Elibanke 18 Protestation Marquesse of Dowglas 19 Protestation Laird of Wauchtoun 20 Protestation sir Iames Lokhart younger of Ley. 21 Protestation sir Iames Maxwell of Calderwood 22 Act in favour of the Earles of Roxburgh Buckeleuch 23 Act in favour of Master Robert Craige for printing the booke called De feudis 24 Act in favour of William Dowglas of Cavers 25 Act of naturalization of certaiue noblemen and gentlemen of England 26 Act in favour of George Earle of Kinnoull Chancellor 27 Protestation Archbishop of Saint Andrews 28 Act in favour of the Duke of Lennox 29 Protestation Lord Lindesay 30 Act in favour of the Marques of Hamiltoun 31 Act in favour of the Marques of Hamiltoun 32 Act in favour of the Earle of Sutherland anent the regalitie and sherifship of Sutherland and making thereof a distinct sherifdome and erecting Dornoch in a free burgh Royall 33 Act in favour of the Earle Marshall 34 protestation Bishop of Murray 35 Act in favour of the Earle of Buchane for precedencie before certaine other Earles 36 Act in favour of the Earle of Buchane 37 Act in favour of the Earle of Galloway 38 Act in favour of Alexander Lord Gairlies 39 Act in favour of the Earle of Annandaill 40 Act in favour of the Earle of Annandaill 41 Act in favour of the Archbishop of Glasgow 42 Act in favour of the Bishop of Rosse anent annexation of Ferne to Rosse 43 Act in favour of the Bishop of Galloway 44 Act in favour of the Bishop of Dunblane 45 Act in favour of the Vniversitie of Saint Andrews 46 Act in favour of the Kings Colledge of Aberdeene 47 Act in favour of the Colledge of Glasgow 48 Act in favour of the Lord Lorne 49 Act in favour of the Lord Lorne 50 Act in favour of the Lord Lorne 51 Act in favour of the Lord Lorne 52 Act in favour of the Lord Yester 53 Act in favour of the Lord Lowdoun 54 Act in favour of the Lord Lowdoun 55 Act in favour of the Lord Napeir 56 Act in favour of the Lord Lindesay 57 Act in favour of the Burgh of Aberdeene 58 Act in favour of the Burgh of Glasgow 59 Protestation Chapter of Glasgow 60 Act in favour of the Burgh of Culrose 61 Act in favour of the Burgh of Hadingtoun 62 Act in favour of the Burgh of Bruntiland 63 Act in favour of the Burgh of Bamffe 64 Act in favour of the Burgh of Pittinweyme 65 Protestation Earle of Kelly 66 Act in favour of the Burgh of Selkirk 67 Protestation Marquesse of Dowglas 68 Protestation Earle of Roxburgh 69 Protestation Sheriffe of Forrest 70 Protestation Andrew Riddell 71 Act in favour of the Burgh of Air 72 Act in favour of the Burgh of Innernes 73 Protestation Earle of Murray 74 Protestation Lord Gordoun 75 Act in favour of the Burgh of Carraill 76 Protestation sir Iames Learmonth of Balcomy 77 Protestation Laird of Barnes 78 Act in favour of the Burgh of Kinghorne 79 Act in favour of the Burgh of Dumbartane 80 Act in favour of the Burgh of New-Galloway 81 Protestation Burgh of Kirkcudbright 82 Act in favour of the burgh of Lawder 83 Act in favour of sir Robert Dowglas of Spot 84 Act in favour of sir William Anstruther 85 Protestation Earle of Kellie 86 Protestation towne of Pittenwyme 87 Act in favour of the Laird of Panmoor 88 Act in favour of James Livingstoun of Beill 89 Act in favour of James Maxwell of Innerweik 90 Act in favour of the said James Maxwell and his spouse 91 Act in favour of the heires of Master Patrick Murray 92 Act in favour of William Murray 93 Protestation Vicount of Stormonth 94 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet 95 Act in favour of sir James Lockhart younger of Ley. 96 Act in favour of the said sir James Lockhart 97 Act in favour of sir Patrick Murray of Elibank 98 Act in favour of six John Dalmahoy 99 Act in favour of the Laird of Glenurquhy 100 Act in favour of Doctor Beatone and his spouse 101 Act in favour of Henrie Nisbet 102 Protestation Lord Balmerinoch 103 Act in favour of John Oliphant of Bachiltoun 104 Protestation Duke of Lennox 105 Act in favour of sir Iames Mac-Gill of Cranstoun Riddell Knight Baronet 106 Act in favour of sir Thomas Thomson of Dudinstoun Knight 107 Act in favour of the Laird of Swynton 108 Act in favour of Master Walter Quhytfuird 109 Act in favour of Master Walter Quhytfuird 110 Act in favour of the Laird of Philorth younger 111 Act in favour of the Laird of Cors-hill 112 Act in favour of Master Iames Bannatine of Newhall 113 Act in favour of Master Andrew Aytoun of Logy Advocate 114 Act in favour of sir Iames Hamiltoun of Preist-field 115 Protestation sir Thomas Thomson 116 Act in favour of Iohn Campbell Fear of Calder 117 Act in favour of sir Iohn Spottiswod of Darsie 118 Act in favour of the Laird of Pitslig● 119 Act in favour of the Laird of Edzell 120 Act in favour of the Laird of Rouchlaw 121 Act in favour of Iohn Sinklar of Stevinson 122 Act in favour of Thomas Crombie of Kemno 123 Act in favour of Patrick Mac-Gie of Larg 124 Protestation Archibald Stewart of Phintilloch 125 Act in favour of the Ministers of Port-Patrick 126 Protestation Laird of Kinhilt 127 Act in favour of sir Arthur Dowglas of Quhittinghame 128 Act in favour of Master william Drumond 129 Act in favour of the Skinners of Edinburgh 130 Act in favour of Master Iames Nicolson of Colbrandspeth 131 Act in favour of the Fewars of Innerask 132 Act in favour of Iames Scot of Gallowshiells 133 Protestation Earle of Roxburgh 134 Protestation Sheriffe of Forrest 135 Act in favour of the Laird of Bishoptoun 136 Protestation Earle of Lauderdail contra the Earle of Annandaill for prioritie of place 137 Act in favour of Master William Cuninghame of Broome-hill 138 Act in favour of Master Iames Raith of Edmistoun 139 Act in favour of the Laird of Tindall 140 Act in favour of Iohn Erskyne of
of Ministers and others foresaid That a commission be granted by his Majestie with consent of the Estates and by authority of this present Parliament THEREFORE His Majestie with consent of the said Estates hath granted and by these presents granted full power and commission to the persons after following To wit Nine of the Clergie nine of the Nobilitie nine of the small Barons and nine of the Burgesses Together with my Lord Chancellour and eight officers of Estate viz. George Earle of Kinnowll Chancellour William Earle of Morton Thesaurer Iohn Archbishop of Saint Andros Thomas Earle of Handingtown Lord Privie Seale Patrick Archbishop of Glasgow William Earle of Marshall George Earle of Wintown Iohn Earle of Perth Iohn Earle of Kinghorne William Earle of Dumfreis William Earle of Sterling Secretary David Earle of Southask Iohn Earle of Traquar Thesaurer Depute Iohn Earle of Weymes Archibald Lord Napier George Lord Corstorpheine Alexander Bishop of Dunkell Iohn Bishop of Murray Iohn Bishop of Rose Adam Bishop of Dunblane David Bishop of Brichen Andro Bishop of Argyle George Bishop of Orknay Sir Iohn Hay Clerk of Register Sir Thomas Hope Advocate Sir George Elphingston Iustice Clerk Sir Iames Galloway Master of Requests Sir Robert Spotswood Sir Iames Learmouth Sir Iames Lokhart younger of Ley Sir Iohn Charters Sir Robert Grier Iohn Boyll of Kelburne Sir William Douglas of Cavers The Laird of Inchmartein the Laird of Lugtown Iohn Sinklar Iohn Maknacht Archibald Tod Edward Edger Master Alexander Guthrie Gabriel Cunighame Robert Tailyor William Mickle-Iohn and Master Robert Cuninghame or any fifteen of them there being three of every Estate with three of his Majesties officers of Estate Of which number of fifteen the Lords Chanceller The saurer and Privie seale Archbishops of Saint-Andrews or Glasgow Earle Marshall and Earle of Wintown or any one of them shall be one to meet and conveen at Holy-rude-house or Edinburgh at such times and places as they shall think fit And there to prosecute and follow forth the valuation of whatsover teinds personage or vicarage within the Kingdome which are as yet unvalued And also to receive the report from the Subcommissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds led and deduced before them according to the tenor of the subcommissions direct to that effect And to allow or dissallow the same according as the same shall hee found agreeable or disagreeable from the tenour of their subcommissions And also with power to rectifie whatsoever valuations led or to be led to the enorme prejudice of the titulars and to the hurt and detriment or the Kirke and prejudice of the Ministers maintenance and provisions or of his Majesties annuitie and for the better expeding and advancing of the said valuations with power to appoint Committees or Subcommittees of their owne number To receive the reports of the said valuations made or to be made And to receive admit and examine witnesses and to take parties oathes with their depositions where the same is referred to oath And to give such farther power to the said Committees or Subcommittees of their owne number as they shall think fit for the good of the worke and speedy finishing of the same And sicklike with power to them if need be to appoint Subcommissioners not being of their own number within any parochin or Presbyterie of the Countrie for leading and deducing of the said valuations and to receive the reports thereof allow or disallow of the same And generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations rectifying thereof or finall closing of the same And sicklike with power to the said Commissioners or any fifteen of them as said is there being three of ilk Estate with any one of the persons of the quorum above-specified after the closing and allowance of the valuations of ilk Kirke and Parochin To appoint modifie and set downe a constant and locall stipend and maintenance to ilk Minister to be payed out of the teinds of ilk parochin according to the tenour of the acts above-specified Referring like as his Majestie referes with consent of the said Estates to the said commissioners the triall of the reasons and causes which may move the said Commissioners to goe beneath the quantitie of eight chalder of victuall or of eight hundred markes of money proportionally in manner contained in the said act And sicklike with power to the said Commissioners to divide ample and spatious parochines where the same shall found necessarie and expedient or to unite divers Kirks in whole or in part to others And to ratifie and allow after triall and consideration such union or dismembring of Parochines as hath been formerly made by vertue of the former Commissions And sicklike with power to them to appoint and prvoide for such other pious uses in each parochin as the estate thereof may beare And sicklike with power to the said Commissioners as said is to take order that every heritor and life-renter of lands shall have the leading of their own teinds parsonages and vicarages thereof they paying the price contained in the act above-specified incase they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind exprest in the foresaid act and to that effect with power to the said commissioners to set downe the prices of sellable teinds according to the worth thereof in each part of the countrey where the same grow and are bred and also with power to them to set downe such good and ample securities as may stand by law both for the buyers of teinds to the effect the titulars may be fully denuded in their favour And also for securitie to the titulars and sellers of the price due to be payed to them for the said teinds And also to set downe the securitie in favour of the titulars and of the Ministers so farre as concernes the maintenance assigned to them for good thankfull and timous payment of the rate of teind where the same are not or cannot be sold And sicklike with power to the said commissioners to discusse and determine all questions which may arise betwixt the titulars and heritors anent the price of teinds according to the nature and qualitie of the rights to be sold whether the same be heritable or temporall and to proportionate the price accordingly and also to divide the price of teinds betwixt heritors and life-renters thereof and betwixt titulars taksmen and others who have severall and distinct rights to the said teinds sellable according to the qualitie of their rights And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect that they may be lawfully denuded thereof in favour of the said heritors and life-renters respective without prejudice alwayes to his Majesties annuitie to bee payed forth of the
Balhagradie 141 Act in favour of the Laird of Makclachin 142 Act in favour of the Kirke of Pittinwyme 143 Act in favour of the Kirke of Eymouth 144 Act in favour of the Minister of Coldinghame 145 Act in favour of the Minister of Bruntiland 146 Act of dissolution of Lugtoun and Melvill from the Parish of Saint Andros and union thereof to Dalkeith and Laswade 147 Act anent the Parsonage of Dalkeith and payment of the taxation thereof 148 Act in favour of sir Richard Murray of Cokpull 149 Act in favour of the Minister of Colbrandspeth 150 Act in favour of sir Iohn Charters of Aimisfield 151 Act in favour of sir Patrick Hamiltoun ef little Prestoun 152 Act in favour of the Laird of Balvaird 153 Protestation Earle Annandail 154 Act in favour of Iohn Hamiltoun of Boghall and his spouse 155 Act in favour of William Lockhart of Carstairs 156 Protestation Marques of Hamiltoun 157 Protestation Marques of Dowglas 158 Protestation Archbishop of Glasgow 159 Act in favour of Master Robert Gordoun of Strealoch 160 Act disuniting the Kirkes of Ebdie and Newburgh 161 Act anent the erection of the Parish Kirke of Strechine 162 Protestation Lord Lundors 163 Act in favour of sir George Hamiltoun 164 Act uniting certaine lands to the Kirkes of Corstorphine and Hails 165 Act in favour of Iames Hay of Smithfield 166 Act in favour of sir Iames Balfour 167 Act in favour of Alexander Cuningham of Barnes 168 Protestation Archbishop of Saint Andrews 169 Act in favour of the Master of Elphingstoun 170 Act in favour of Master Alexander Keith of Benholme 171 Act dissolving foure prebendaries from the parish Kirke of Corstorphine to the Colledge Kirke thereof 172 Act in favour of sir Iohn Achmootie of Gosfuird 173 Act in favour of sir George Ogilvie of Bamffe 174 Protestation Doctor Philip contrary the act of erection of the Kirk of Kingsbarnes in favour of the Lord Lindesay 175 Protestation Earle Lauderdaill contra Iames Livingstoun of Beill 176 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet A TABLE OF THE PRINTED ACTES AND Lawes past in this first PARLIAMENT of our Soveraigne Lord King CHARLES c. and in what leafe and page the same is to be found 1 ANent the taxation granted to his Majestie of thirtie shillings termly upon the pound land and the sixteenth pennie of all annuall-rents pag. 3. 2 Anent the collecting and inbringing of the taxation and reliefe to prelates 9. 3 Anent his Majesties royall Prerogative and Apparell of Kirkemen 18. 4 Ratification of the Acts touching Religion ibid. 5 Ratification of the act of Councell anent the plantation of schools 19. 6 Anent the inverting of pious donations ibid. 7 Anent invading of Ministers 20. 8 Ratification of the act of Commission anent the Ministers provisions 21. 9 The Kings generall Revocation 22. 10 Anent annexation of his Majesties propertie 28. 11 Act of Dissolution 30. 12 Ratification of the act of Interruption 31. 13 Anent Regalities of erections 36. 14 Anent superiorities of Kirkelands 38. 15 Anent his Majesties annuitie of teinds 39. 16 Anent Vassals holding Ward 41. 17 Anent the rate and price of teinds 42. 18 Anent the Exchequer 44. 19 Commission for valuation of teinds not valued rectifying the valuation of the same already made and other particulars therein contained 45. 20 Anent the King his designation of the names to be insert in the Commissions anent the tithes and lawes 52. 21 Anent the annuall of eight to bee taken of ilk hundred in time to come alannerly suspending the same for three yeares and in the interim two of ten to bee payed for the said space to his Majestie ibid. 22 Anent the Lords of session their taxation of ten shillings to be imposed upon everie pound land of old extent 53. 23 Ratification of the liberties of the Colledge of Iustice pag. 56. 24 Ratification of the priviledges of the free royall burrows 57. 25 Ratification of the acts made in favour of the Iustices of peace and their Constables and Commission to the Lords of secret Councell thereanent 58. 26 Explanation of the Acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decreets given by the said Lords hereafter 59. 27 Act pardon penall statutes ibid. 28 Ratification in favour of the Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland Canada in America priviledges therein contained and of the dignitie and order of knight baronets and act of convention of Estates made thereanent 60. 29 Act in favour of the Earle of Mortoun and the Lord Dalkeith his son anent the Loch of Levin preservation of the fishings thereof 61. 30 Act anent the Clan-Gregour 62. 31 Act in favour of his Majestie and Lieges intitulate Iure salvo cujuslibet 56. FINIS
they have been accustomed to be taxt unto in all time by-gone whensoever the temporall Lands within this Kingdome were stented to thirtie shillings money the pound land of old extent And the same taxation to be payd at every one of the six severall termes above-written AND FOR inbringing of the spirituall mens parts of the same taxation Ordains letters to be direct charging all and sundrie Archbishops Bishops Abbots Pryors as likewise all Noblemen and others in whose favours the erection of any prelacie or other inferiour benefice or any part or portion thereof be it in lands kirks or teynds Or in whose favours the patronage of any benefice kirkes or teynds are past and all other beneficed persons contained in the taxt rolls their heritable bayliffs chamberlanes factors and intromettors with their rents and living personally or at their dwelling places and by open proclamation at the Market crosses of the head burrowes of the Sheriffdomes Stewartries and Bayleries where the said Prelacies erected Lordships and small Benefices lye if they be within this Kingdome And if they be without this Kingdome by open proclamation at the Market crosse of Edinburgh Peir and Shore of Lieth upon threescore daies warning to make payment of that summe that they and ilke one of them are taxt unto for every one of the said six termes To the Collector generall of the said taxation appointed or to bee appointed by his MAIESTIE or his Deputes and Officers in his name having his power and commission to receive the same at the particular termes above-written under the paine of rebellion and putting of them to the horne And if they failye therein at the by-passing of every one of the said termes To denounce the disobeyers rebels and put them to the horne and to escheat c. And that the Prelates and beneficed persons and such Noblemen and others in whose favours the erections and parronages above-written are past For their reliefe have letters charging their vassals subvassas ladies of terce conjunctfeears and life-renters fewars taksmen and pensioners To make payment of their part of the said taxation ilk one of them pro rata according to the summe they shall bee taxt unto To the said Prelates and other beneficed persons and to the said Noblemen and others having power to receive the same within twentie dayes next after the charge under the paine of rebellion c. And if they failye c. To denounce c. and escheat c. And to poynd and distrenyie therefore as they shall think most expedient Providing alwaies that the first terms payment of the said taxation bee ever past before the next termes payment be charged for And the Estates declare That the production of sufficient hornings against the said vassals fewars taksmen and pensioners shall be a reliefe to the said Prelates Lords of erection and beneficed persons and shall exoner them pro tanto from payment of the said taxation Providing that the same hornings with their taxt rolls authentickly made and subscribed by the said Prelates Lords of erections and other beneficed persons and by their Fewers Vassals Taks-men and Pensioners in manner hereafter prescribed containing the particular summe which each one of them are taxt unto bee delivered to the Collector of the same Taxation within the space of threescore dayes after every Terme Otherwise he shal be no wayes obliged to receive the same neither shall the Prelate Lord of erection nor beneficed person bee exonered by production of the same at any time thereafter And farther that the said Prelates and such noble men and others in whose favours the Erections and Patronages above written are past and all other beneficed persons may have their reliefe of their Vassals Sub-vassals Ladies of terce conjunct-feears live-renters fewers taks-men and pensioners To the greater ease and lesse trouble to their said Vassals and others foresaid And to the effect that every one proportionally may pay his part of the said Taxation according to the quantity and availe of the free rent which hee hath of his benefice lands pensions Kirkes and teind-sheaves pertaining to him aswell Prelate Lord of erection Patron and other beneficed persons themselves as the Fewer Taks-man and Pensioner It is thought expedient statute and ordained that the said Prelates and others above-rehearsed every one of them severally shall conveene his whole Fewers Vassals Taks-men and Pensioners at the particular places hereafter designed They are to say The Archbishop of St. Andros at the Citie of St. Andros the Archbishop of Glasgow at the Citie of Glasgow the Bishop of Orknay at the town of Kirkwall the Bishop of Cathnes at the town of Durnoch the Bishop of Rosse at the town of Chanorie of Rosse the Bishop of Murray at the towne of Elgin the Bishop of Aberdene at the burgh of Aberdene the Bishop of Brechin at the burgh of Brechin the Bishop of Dunkeld at the towne of Dunkeld the Bishop of Dumblane at the towne of Dumblane The Bishop of Galloway at the towne of Wigton the Bishop of Argile at the towne of Innerara the Bishop of the Ysles at the burgh of Rothesay in Bute the Abbot of Icolmkill at the burgh of Innernesse the Pryor of Ardchattan at the burgh of Innerara the Abbot of Ferne at the towne of Tayne the Lord of Bewlie at the burgh of Innernesse the Lord of Kinlosse at the burgh of Forres the Pryor of Pluscarden at the burgh of Elgin the Lord of Diere at the towne of Peterhead the Pryor of Fyvie at the towne of Turreffe the Pryor of Monymuske at the towne of Monymuske the Lord of Arbroth at the burgh of Arbroth the Lord of Scoone at the burgh of Perth the Lord of Cowper at the towne of Cowper in Angus the Pryor of Restenneth at the burgh of Forfar the Collector of the same Taxation in place of the Pryor of Charter-house the seat now vacand at the burgh of Perth the Pryor of Elcho at the same burgh of Perth the Pryor of Straphillane at the Kirke of Comrie the Lord of Inchechaffray at the burgh of Perth the Pryor of Inchmahomo at the burgh of Stirling the Pryor of Saint Andros at the Citie of Saint Andros the Bayliffe of the Regalitie of Dumfermling at the burgh of Dumfermling the Lord of Balmerinoch at the burgh of Cowper in Fyfe the Lord of Lundores at the burgh of Cowper in Fyfe the Maisters of Sainct Leonards Colledge in Saint Andros for the Pryorie of Portmocke at the burgh of Cowper in Fyfe the Pryor of Pettenweime at the burgh of Pettenweime the Lord of Saint Colmbe at the burgh of Innerkeithing the Lord of Culros at the burgh of Culros the Abbot of Cambuskynneth at the burgh of Stirling the Lord of Torphechin at the burgh of Linlithgow the Pryor of Manwell at the burgh of Linlithgow the Lord Holie-rud-house at the burgh of Edinburgh the Lord New-bottle at the burgh of Edinburgh the Pryoresse of Hadingtowne at the burgh of Hadingtowne the Lord
of a law statute and act of Parliament in favour of his Majestie and his successors in all time coming Followeth the tenor of the Act of Councell and Session AT EDINBVRGH The penult day of March the yeare of God 1630 yeers The which day in presence of the Lords of Councell and Session compeered personally sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a letter directed from his sacred Majestie whereof the tenor followeth REX Right trustie and right welbeloved Cousin Counceller and trusty welbelowed We greet you well Whereas by Act of Parliament made in the moneth June 1617 yeers all heritable rights cled with fourtie years possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fortie years And by the same Act their is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeers already run and expired before the date of the said Act. To intend their actions within the space of thirteen yeers after theate of the said act And whereas we shortly after the decease of our dearest Father or eternall memorie made our generall revocation in the moneth of October 1625 years Which revocation we by two speciall letters of declaration one of the date at White-hall the twentie sixth day of Januarie 1626 years And registrate in the bookes of secret Councell the ninth of February 1626 yeares And an other of the date at Wainsteed the eleventh of July 1626 yeers And registrate in the bookes of secret Councell upon the twentie one of July 1626 years Have restricted to the annulling of rights of the propertie of the Crowne as well annaxed as unannexed whereof accompt hath been made in Exchequer and of the principalitie unlawfully disponed by our Predecessors against the lawes and Acts then standing and to the annuling of erections and other dispositions of whatsoever lands teinds partronages and benefices formerly belonging to the Kirk and since annext to the Crowne And of any other lands and benefices mortified and devoted to pious uses And of Regalities and heritable offices and of the change from the ancient holdings of ward and reliefe to blensh or taxt ward since the yeer of God 1540 yeeres And because We were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our Commissioners there-anent THEREFORE We were pleased by our Commission of the date at White-hall the seventeenth day of January 1627 yeeres to appoint certaine of our Nobilitie Clergie Gentrie Barons and Burrowes to be commissioners to treat and deal betwixt Us and our Subjects anent the premisses And albeit the said Commission hath made a good progresse in the said matter of erection and teinds and that a great number of our subjects having interest therein have subscribed to us generall submissions whereupon We have given forth our severall determinations for the good of our Subjects and establishing of the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanant points of our said Commission anent the patronage of Kirks rights and infeftments of our Propertie and Principalitie Regalities Heritable offices and Changed tenours of holding in blensh or taxt Wards are not as yet begun to be handled and treated and cannot be possibly finished and closed before the expiring of the time and yeers of interruption allowed by the said Act. And because We will not suffer our selfe or our Successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to us and them for reducing of such rights of the premisses to the which We have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally or at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent to us and our Successors anent the premisses Necessary it is that some solemne Act be done by us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of this our declaration in your Bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the market crosse of our Burgh of Edinburgh other places needfull of this our pleasure will and declaration And that the same be declared by you to have the strength force vertue and power of a legall and perfect interruption And therefore We require you immediately after the sight hereof to cause insert these presents in your Bookes of Session and to declare the same to have the force of a legall and lawfull interruption and to direct Letters of publication thereupon in forme as effeires Which not doubting you will doe We bid you farewell From our Court at White-hall the twenty ninth day of November 1629 years with the which letter tenor contents desire thereof after that the same with the act of parliament wheruno it is relative was read in their whole presence The said Lords being well ripely advised having considered the justice and equitie of his Majesties will pleasure therein contained they have ordained ordaine the said letter declaration therein contained to be insert and registrate in their bookes of Sederunt and ordaine Letters of publication to be direct and passe thereupon certifying all his Majesties Lieges who have interest by open proclamation at the market crosse of Edinburgh and other market crosses of the Kingdome where the lands Baronies and others under written lye or where the persons and subjects dwell and remaine against whom the said declaration is to have the effect of a legall interruption in manner following And by open proclamation at the said market crosse of Edinburgh Pier and shore of Leith for all such of his Majesties Lieges who are forth of this Realme Of his Majesties pleasure will and declaration and of the said Lords their decrete and authoritie interponed thereto Like as the said Lords declare That the said declaration registrate as said is and to be published in manner foresaid shall have the strength force and power of a legall and perfect interruption against all persons having interest and that in so farre alennerly as may be extended to the particulars followings To wit To his Majesties annexed propertie and his Majesties propertie unannexed whereof the fermes duties or few-fermes have been compted in his Majesties Exchequer since the moneth of August 1455 yeares unlawfully disponed by his Majesties predecessors against
the acts of Parliament and lawes of the Kingdome and to the principalitie unlawfully disponed by his Majesties predecessors against the acts of Parliament and lawes of this Kingdome and to the reduction of whatsoever erections of whatsoever benefices spirituality or temporality thereof against the lawes acts of Parliament to the reduction of whatsoever patronages of kirkes pertaining to his Majestie and his predecessors unlawfully disponed by them against the acts of Parliament and against unlawfull dispositions of whatsoever lands teinds or rents doted to Hospitalities or mason-dieus and unlawfullie disponed against the acts of Parliament and against Regalities and heritable offices unlawfullie disponed contrarie the acts of Parliament and against all changed tenors of holding from ward to blensh or taxt ward granted by the Kings and Princes in their minorities and not granted or ratified by any king or prince being major with this declaration like as the said Lords declare that the same shall not prejudge any person whatsoever of their lawfull defence competent to them against any action to be intended hereafter at his Majesties instance and his successors except in so far as concerne the said act of prescription whereupon the said Lords declare that no exception shall be founded in prejudice of his Majestie and his successors concerning the premisses Followeth the tenor of the Act of Secret Councell Apud Holy-rude-house vicesimo sexto die mensis Maii anno Domini millesimo sexcentesimo tricesimo THE which day in presence of the Lords of Secret Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and gave in the act of Session underwritten made in favour of his Majestie anent the Interruption of the act of prescription and desired the same to be insert and registrate in the bookes of privie Councell and the Lords authoritie to be interponed thereto which act of Session being read heard and considered by the said Lords and they being there-with and with the desire of the said Advocate well advised the Lords of Secret Councell thinke the course and order taken by the said Lords of Session for interrupting of the said act of prescription to be just and reasonable And therefore they ordaine the said act of Session to be insert and registrate in the bookes of privie Councell whereof the tenor followeth At Edinburgh the penult day of March the yeare of God 1630 years The which day in presence of the Lords of Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a Letter direct from his sacred Majestie whereof the tenor followeth CHARLES REX Right trustie and right well-beloved Cousin and Counceller and right trustie and well-beloved We greet you well Whereas by act of Parliament made in the moneth of June 1617 yeares All heritable rights cled with fourtie yeares possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fourtie yeares and by the same act there is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeares already run and expired before the date of the said act To intend their actions within the space of thirteene yeares after the date of the said act And whereas We shortly after the decease of our dearest Father of eternall memorie made our generall revocation in the moneth of October 1625. Which revocation we by two speciall Letters of declaration one of the date at White-hall the twenty sixth day of January 1626 yeares And registrate in the bookes of our secret Councell the ninth day of February 1626 yeares And another of the date at Wainsteed the eleventh day of July 1626 yeares and registrate in the bookes of our secret Councell upon the twentie one day of July 1626 yeares Have restricted to the annulling of rights of the propertie of our Crowne as well annexed as unannexed whereof accompt hath beene made in our Exchequer and of the Principality unlawfully disponed by our predecessors against the lawes and acts then standing and to the annulling of erections other dispositions of whatsoever lands teinds patronages and benefices formerly belonging to the kirke and since annexed to the crowne And of any other lands and patronages which any wayes should justly belong to the kirke or crown and of whatsoever lands and benefices mortified and devoted to pious uses and of Regalities heritable offices and of the change of holdings from the ancient holding of ward and reliefe to blensh and taxt ward since the yeare of God 1540 yeares And because we were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our commssioners there-anent THEREFORE We were pleased by our commission of the date at White-hall the seventeenth day of Januarie 1627 yeares To appoint certain of our Nobilitie Clergie Gentrie Barons and Burrowes to be commssioners to treat and deal betwixt Us and our Subjects in the premisses And albeit the said commission hath made a good progresse in the said matter of erections and teinds and that a great number of our subjects having interest therein have subscribed unto us generall submissions whereupon We have given forth our severall determinations for the good of our subjects and establishing the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanent points of our said commission anent the patronage of kirks rights infeftments of our Propertie and Principalitie Regalities Heritable office and Changed tenour of holdings in blensh or taxt Wards are not as yet begun to be handled and treated and cannot possibly be finished and closed before the expiring of the time and yeares of the interruption allowed by the said act And because we will not suffer our self nor our successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to Us them for reducing such rights of the premisses unto the which we have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally and at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent of Us and our successors anent the premisses necessarie it is that some solemne Act be done by Us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of that our declaration in your bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the
superioritie of all and sundrie lands baronies milnes woods fishings towers fortalices manour places and whole pertinents thereof pertaining to whatsoever abbacies priories prioresses preceptories and whatsoever other benefices of whatsoever estate degree title name or designation the same bee of Erected in temporall Lordships baronies or livings before or after the generall annexation of Kirke-lands made in the moneth of July one thousand five hundred fourscore and seven years And to the whole casualities of the said superiorities not disponed before the date of the generall Commission which is of the date at Whitehall the seventeenth of Januarie 1627 yeares And also to the whole few-mails few-fermes and other rents and duties of the said superiorities of all yeares after the date of the said Commission Reserving to such Lords and Titulars of Erections who have subscribed the general surrender the few-mails and few-ferms of their said superiorities ay and while they receive payment and satisfaction of the sum of one thousand markes usuall money of Scotland for ilk chalder of few-ferme victuall overhead And for ilk hundreth markes of fewmails and for ilk hundreth markes worth of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of vassals according to the tenour of his Majesties generall determination and conform to the conditions therein contained which are holden as repeated and exprest here And sicklike with this declaration that these presents shall be without prejudice to the said Lords and titulars of erection of whatsoever lands baronies woods fishings manour places milnes multors and others of the said erected benefices pertaining to those who have surrendred as said is in propertie And whereof they had the right of propertie the time of the said generall surrender acquired by them eyther before or since the said erections by whatsoever maner of way according to the Lawes of the Kingdome Providing they hold the said propertie of his Majestie and his Successors as the same were holden before the date of the said erections And for payment of the few-mails few-ferms and other duties mentioned in the old infeftments of the said lands before the date of the said erections AND His Majestie and Estates declare all rights and deeds whatsoever granted by his Majestie or his umwhile dearest Father or Grandmother Queene Marie to whatsoever titulars of erections which may prejudge his Majestie and his Successors in the peaceable brooking joying and possessing of the said superiorities and whole benefit thereof above-specified under the exceptions alwaies and provisions above-written To be null and of none avail force nor effect by way of action exception or reply And also findes and declares that the said Lords and titulars of erection shall hold their propertie and proper lands Of his Majestie and his Successors as the same were holden before the date of the said erections And for payment of the few-mails few-fermes and other duties mentioned in the old infeftments of the said lands granted to them and their authors before the date of the said erections It is alwaies provided and declared that these presents nor no clause therein contained shall be extended to the superiorities of whatsoever lands baronies and others pertaining to whatsoever Archbishop Bishop and their Chaptors but that the same shal remaine with them and their Successors unhurt or prejudged by this present Act ACT XV ANENT HIS MAJESTIES ANNUITIE Of Teinds OUR SOVERAIGNE LORD And Estates of Parliament ratifies and approves the Act of the generall Commission of Teinds and Surrenders Of the date at Holy-rude-house the twenty ninth of May 1627. years whereby it is found and ordained That his Majestie and his Successors shal have the constant rent and dutie following payed out of the teind bolls of victuall And out of the bodie of the rest of the teinds of the Kingdome redacted in money Except the teind bolls and silver payed to the Bishops being the rent pertaining to them in the estate wherein the same is presently payed or presently payable to them And except the teind bolls and silver payed to Ministers in name of stipend for serving the cure and to the Colledges Hospitals and other pious uses That is to say Of every teind boll of the best wheat ten shillings Of everie boll of the best teind beare eight shillings And of everie boll of the best teind oates meale pease and rye sixe shillings And where oates are of that nature that they will not render above half meale the rent to be three shillings And where the bolls of victuall are of inferiour goodnesse worth and price nor the best That his Majesties annuitie forth thereof shall be modified proportionally And where the rent doth not consist in victuall but in money that his Majestie and his Successors shall have of every hundreth markes of Parsonage and Vicarage teind not consisting in victuall rent the summe of six markes money Together with the Act of the said commission of the date at holyrudehouse the eight of August 1628. Whereby it is ordained that the payment of the said annuitie shall have the beginning of the crop and yeare of God 1628. Together with another act of the said commission of the date at Holy-rudehouse the fourteenth day of July 1630. Whereby letters of horning are ordained to be direct at the instance of his Majesties Thesaurer for payment of the said annuitie of the crops 1628 and 1629. and yearly in time comming Together with an Act of the convention of the Estates of the date at Holy-rudehouse the twentie ninth of July 1630. yeares whereby the said Estates have ratified and approved the said act of the date and tenour foresaid anent letters of horning to be direct at the instance of his Majesties thesaurer for payment of his Majesties annuitie of the crops and years of God 1628 and 1629. and yearly in time comming And siclik ratifies and approves the Act of the said commission of the date the twentie third of March 1631 years Whereby it is ordained that in all teinds which shall be unvalued betwixt and the first of August thereafter that the heritor shall pay his just teind according to the fift part of the present rent ay and while the constant rent be determined And whereby it is statute and ordained that his Majestie shall have right to uplift his annuitie according to the said fift part of the present rent ay and while the said constant rent be determined Together with another Act of the said Commission of teinds and surrenders of the date at Holy-rudehouse the fourteenth of December 1631 yeares And ratified by the Lords of secret Councell upon the twentieth day of the said month of December Whereby it is statute and ordained for an interim that the annuitie of teinds consisting in victuall shall be payed to his Majestie of all yeares by gone and in time coming conforme to the tenour of the said last Act and that according to the just and true prices of